Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-200 - Underground Storage Tanks: Definitions
Section R311-200-1 - Definitions
Universal Citation: UT Admin Code R 311-200-1
Current through Bulletin 2024-06, March 15, 2024
(1) Terms used in this rule are defined in Section 19-6-402.
(2) In addition, for purposes of this rule:
(a) Aboveground petroleum storage tank" or
"APST" means a storage tank that is, by volume, less than 10 % buried in the
ground, including the pipes connected to the storage tank and:
(i) has attached underground piping;
or
(ii) rests directly on the
ground;
(A) contains regulated
substances;
(B) has the capacity to
hold 501 gallons or more; and
(iii) is not:
(A) used in agricultural
operations;
(B) used for heating
oil for consumptive use on the premises where stored;
(C) related to a petroleum facility under SIC
Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the
federal Executive Office of the President, Office of Management and
Budget;
(D) directly related to oil
or gas production, gathering and transmission operations;
(E) used in the fueling of aircraft or ground
service equipment at a commercial airport that serves passengers or cargo, with
commercial airport defined in Section
72-10-102;
(F) oil filled electrical equipment,
including, but not limited to, transformers, circuit breakers, or
capacitors;
(G) a stationary
aboveground storage tank that is installed, rendered immobile, and intended for
use on a property for no more than 180 consecutive days;
(H) an used oil collection tank regulated
under Section
19-6-710;
(I) an airport hydrant fuel distribution
system at a military facility;
(J)
any AST that contains a de minimis concentration of regulated
substances;
(K) an AST used to
store liquefied petroleum gases that are not liquid at standard temperature and
pressure; or
(L) an aboveground
hot-oil tank or container that is used to store petroleum products that will be
manufactured into asphalt paving material.
(b) "Actively participated" for the
certification programs means that the individual applying for certification
must have had operative experience for the entire project from start to finish,
whether it be an installation or a removal.
(c) "Agricultural operation" means any
operation on a tract of land devoted to the production of crops, animals, or
fowl; fruit or vegetable products; or the production of dairy, nuts, tobacco,
nursery, or floral products.
(d)
"As-built drawing" for notification means a drawing to scale of newly
constructed PSTs. The PSTs shall be referenced to buildings, streets, and
limits of the excavation. The drawing shall show the locations of tanks,
product lines, dispensers, vent lines, cathodic protection systems, and
monitoring wells. Drawing size must be limited to 8-1/2" x 11" if possible, but
shall in no case be larger than 11" x 17".
(e) "Backfill" means any foreign material,
usually pea gravel or sand, which usually differs from the native soil and is
used to support or cover the PST system.
(f) "Certificate" means a document that
evidences certification.
(g)
"Certification" means approval by the director or the board to engage in the
activity applied for by the individual.
(h) "Certified environmental laboratory"
means a laboratory certified by the Utah Department of Health and Human
Services as outlined in Rule R444-14 to perform analyses according to the
laboratory methods identified for PST sampling in Subsection
R311-205-2(5).
(i) "Certified sampler" is the person who
performs environmental media sampling for compliance with Utah PST
rules.
(j) "Change-in-service"
means the continued use of a PST to store a non-regulated substance.
(k) "Claimant" means any person eligible to
submit requests for reimbursement of costs against the Petroleum Storage Tank
Fund as determined by the director.
(l) "Community water system" means a public
water system that serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
(m) "Confirmation sample" means an
environmental sample taken, excluding closure samples as outlined in Section
R311-205-2, during soil
over-excavation or any other remedial or investigation activities conducted to
determine the extent and degree of contamination.
(n) "Consultant" is a person who is a
certified PST consultant according to Subsection
19-6-402(7) and
Section R311-201-2.
(o) "Cost Guidelines" refers to the Cost
Guidelines for Utah Underground Storage Tank Sites document, dated June 3,
2021. This document contains personnel classifications, requirements, and
rates, general tasks and responsibilities for personnel, maximum allowable
equipment and laboratory rates, and specific items or activities that will and
will not be reimbursed by the Petroleum Storage Tank Fund.
(p) "Customary, reasonable, and legitimate
expenses" means costs incurred during the investigation, abatement, and
corrective actions that address a release which are normally charged according
to accepted industry standards, and which must be justified in an audit as an
appropriate cost. The costs must be directly related to the tasks
performed.
(q) "Customary,
reasonable, and legitimate work" means work for investigation, abatement, and
corrective action that shall reduce contamination at a site to levels that are
protective of human health and the environment. Acceptable levels may be
established by risk-based analysis and considering current or probable land use
as determined by the director following the criteria in Rule
R311-211.
(r) "Department" means
the Utah Department of Environmental Quality.
(s) "EAP" means the Environmental Assurance
Program established in Section
19-6-410.5.
(t) "Eligible exempt UST" for eligibility for
the Petroleum Storage Tank Fund means a tank specified in Subsection
19-6-415(1).
(u) "Environmental media sample" is a
groundwater, surface water, air, or soil sample collected, using appropriate
methods, for evaluating environmental contamination.
(v) "EPA" means the United States
Environmental Protection Agency.
(w) "Expeditiously disposed of" means
disposed of as soon as practical so as not to become a potential threat to
human health or safety or the environment, whether foreseen or unforeseen as
determined by the director.
(x)
"Fiscal year" means a period beginning July 1 and ending June 30 of the
following year.
(y) "Full
installation" for the purposes of Subsection
19-6-411(2) means
the installation of a PST.
(z)
"Groundwater sample" is a sample of water from below the surface of the ground
collected according to protocol established in Rule R311-205.
(aa) "Historic contamination" as referenced
in Subsections
19-6-428(3)(c)
and 19-6-428(3)(d) is
petroleum contamination:
(i) reported after
the start of continuous participation in the EAP that has no apparent cause or
source and for which the director reasonably determines to have occurred during
a period of non-participation; or
(ii) a release which does not meet the
definition of a new release.
(bb) "Injury or damage from a release" means,
for the purposes of Subsection
19-6-409(2)(e),
any petroleum contamination that has migrated from the release onto or under a
third party's property at concentrations exceeding Initial Screening Levels
specified in Subsection
R311-211-6(1).
(cc) "In service" means an PST that is
actively storing or dispensing regulated substances.
(dd) "In use" means that an operational,
inactive, or abandoned PST contains a regulated substance, sludge, dissolved
fractions, or vapor which may pose a threat to the safety of human health or
the environment, as determined by the director.
(ee) "Lapse" in reference to the certificate
of compliance and coverage under the EAP, means to terminate
automatically.
(ff) "Native soil"
means any soil that is not backfill material, is naturally occurring, and is
most representative of the localized subsurface lithology and
geology.
(gg) "New release" as
referenced in Subsections
19-6-428(3)(c)
and 19-6-428(3)(d)
are releases that occur on or after the start date for continuous participation
in the EAP, which the director reasonably determines to have occurred due to an
unusual operating condition, an apparent PST system equipment failure, a failed
PST test, an overfill, or a surface spill during the time of program
participation.
(hh) "No further
action determination" means that the director has evaluated information
provided by responsible parties or others about the site and determined that
any detectable petroleum contamination from a particular release does not
present a threat to public health or the environment based upon board
established criteria in Title R311. If future evidence indicates contamination
from that release may cause a threat, further corrective action may be
required.
(ii) "Occurrence" in
reference to Section R311-208-4 means a separate
petroleum fuel delivery to a single tank.
(jj) "Owners and operators" means either an
owner or operator, or both owner and operator.
(kk) "Over-excavation" means any soil removed
in an effort to investigate or remediate in addition to the minimum amount
required to remove the PST or take environmental media samples during PST
closure activities as outlined in Section
R311-205-2.
(ll) "Permanently closed" means PSTs that are
removed from service following guidelines in 40 CFR Part 280 Subpart G
incorporated by Rule R311-202.
(mm)
"Petroleum storage tank fee" means the fee which funds the Petroleum Storage
Tank Fund as established in Section
19-6-409.
(nn) "Petroleum Storage Tank Fund" means the
Fund created by Section 19-6-409.
(oo) "Potable drinking water well" means any
hole, dug, driven, drilled, or bored, that extends into the earth until it
meets groundwater which supplies water for a non-community public water system,
or otherwise supplies water for household use, consisting of drinking, bathing,
and cooking, or other similar uses. Such a well may provide water to entities
such as a single-family residence, group of residences, businesses, schools,
parks, campgrounds, and other permanent or seasonal communities.
(pp) "PST" means petroleum storage tank as
defined in Subsection
19-6-402(21).
(qq) "PST inspection" is the inspection
required by state and applicable federal underground storage tank rules and
regulations during the installation, testing, repairing, operation or
maintenance, and removal of regulated PSTs.
(rr) "PST installation" means the
installation of a PST, including any component that is critical to:
(i) the integrity of the system;
(ii) protection of the environment;
and
(iii) qualifying for a
certificate of compliance.
(ss) "PST testing" means:
(i) a testing method which can detect leaks
in a PST system;
(ii) testing for
compliance with corrosion protection requirements;
(iii) testing or inspection for proper
operation of overfill prevention devices and electronic or mechanical leak
detection components;
(iv) any
testing requirements for exempt USTs or aboveground storage tanks that
voluntarily participate in the EAP; or
(v) testing methods that meet applicable
performance standards:
(A)
40 CFR
280.40(a)(4),
280.43(c), and
280.44(b) for
tank and product piping tightness testing;
(B)
40 CFR
280.35(a)(1)(ii) for testing
of spill prevention equipment and containment sumps used for interstitial
monitoring of piping;
(C)
40 CFR
280.31(b) for cathodic
protection testing;
(D)
40 CFR
280.35(a)(2) for overfill
device inspection;
(E)
40 CFR
280.40(a)(3) for testing of
mechanical and electronic release detection components; and
(F) interstitial testing for tank and piping
secondary containment.
(tt) "Public water system" means a system for
the provision to the public of water for human consumption through pipes or,
after August 5, 1998, other constructed conveyances, if such system has at
least 15 service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year. It includes any collection,
treatment, storage, and distribution facilities under control of the operator
of the system and used primarily in connection with the system; and, any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with the system.
(uu) "Registration fee" means PST
registration fee.
(vv) "Related
parties" for the purposes of Section
R311-207-4, means organizations
or persons related to the consultant by any of the following: marriage; blood;
one or more partners in common with the consultant; one or more directors or
officers in common with the consultant; more than 10% common ownership direct
or indirect with the consultant.
(ww) "Reportable release" means a spill,
overfill, leak, discharge, leachate, or disposal of a regulated substance that
results in a release to the environment.
(xx) "Rests directly on the ground" means
that at least some portion of a PST situated aboveground is in direct contact
with soil.
(yy) "Secondary
containment"
(i) for the purposes of Rule
R311-202 and Section R311-203-6, means a release
prevention and detection system for a tank or piping that has an inner and
outer barrier with an interstitial space between them for monitoring. The
monitoring of the interstitial space must meet the requirements of
40 CFR
280.43(g).
(ii) for the purposes of Subsection
R311-206-4(6),
means a dike, vault, enclosure, berm, double-walled system, or any other
barrier that meets the secondary containment standards listed in the
International Fire Code (IFC) 2306.5 and 5704.2.10.
(zz) "Site assessment" or "site check" is an
evaluation of the level of contamination at a site which contains or has
contained a PST.
(aaa) "Site
assessment report" is a summary of relevant information describing the surface
and subsurface conditions at a facility following any abatement, investigation
or assessment, monitoring, remediation or corrective action activities as
outlined in Rule R311-202, incorporating
40 CFR
280 Subparts E and F.
(bbb) "Site investigation" is work performed
by the owner or operator, or their designee, when gathering information for
reports required for Utah PST rules.
(ccc) "Site plat" for notification or
reporting, refers to a drawing to scale of PSTs in reference to the facility.
The scale should be dimensioned appropriately. Drawing size shall be limited to
8-1/2" x 11" if possible, but must in no case be larger than 11" x 17". The
site plat should include the following: property boundaries; streets and
orientation; buildings or adjacent structures surrounding the facility; present
or former PSTs; extent of any excavations; location and volume of any
stockpiled soil; locations, depths, and analytical results of all environmental
media samples collected; locations and total depths of borings or permanent
wells, or other measurement or data points; type of ground-cover; utility
conduits; local land use; surface water drainage; and other relevant
features.
(ddd) "Site under
control" means that the site of a release has been actively addressed by the
owner or operator who has taken the following measures:
(i) fire and explosion hazards have been
abated;
(ii) free flow of the
product out of the tank has been stopped;
(iii) free product is being removed from the
soil, groundwater, or surface water according to a work plan or corrective
action plan approved by the director, except as allowed by Subsections
19-6-420(3)(b)
and 19-6-420(6);
(iv) alternative water supplies have been
provided to affected parties whose original water supply has been contaminated
by the release; and
(v) a soil or
groundwater management plan or both have been submitted for approval by the
director.
(eee) "Soil" as
referenced in Subsection
19-6-402(28)
means natural earthen material under which there is no secondary
containment.
(fff) "Soil sample" is
a sample collected following the protocol established in Rule
R311-205.
(ggg) "Surface water
sample" is a sample of water, other than a groundwater sample, collected
according to protocol established in Rule R311-205.
(iii) "Suspected release" means a release
that may have occurred from a regulated PST system, for example: petroleum
contamination discovered at the PST site or in the surrounding area; unusual
operating conditions of the PST system; release detection methods indicating a
release may have occurred; inventory control records indicating unexplained
product loss; or, a spill or overfill that occurs outside secondary containment
and exceeds 25 gallons.
(hhh)
"Tank" is a stationary device designed to contain an accumulation of regulated
substances and constructed of non-earthen materials, such as concrete, steel,
or plastic, that provide structural support.
(iii) "Third-party Class B operator" is any
individual who is not the facility owner or operator, or an employee of the
owner or operator and who, by contract, provides the services outlined in
Subsection R311-201-12(7).
(jjj) "Under-dispenser containment," for the
purposes of Section R311-203-6, means containment
underneath a dispenser that will prevent leaks from the dispenser or
transitional components that connect the piping to the dispenser, check valves,
shear valves, unburied risers or flex connectors, or other components that are
beneath the dispenser, from reaching soil or groundwater.
(kkk) "UST inspector" is an individual who
performs PST inspections for compliance with state and federal rules and
regulations as authorized in Subsection
19-6-404(2)(c).
(lll) "UST installation" means the
installation of a PST, including construction, placing into operation,
building, or assembling a PST in the field. It includes any operation that is
critical to the integrity of the system and to the protection of the
environment, which includes:
(i)
pre-installation tank testing, tank site preparation including anchoring, tank
placement, and backfilling;
(ii)
vent and product piping assembly;
(iii) cathodic protection installation,
service, and repair;
(iv) internal
lining;
(v) secondary containment
construction; and
(vi) UST repair
and service.
(mmm) "UST
installation permit fee" means the fee established by Subsection
19-6-411(2)(a)(ii).
(nnn) "UST installer" means an individual who
engages in PST installation.
(ooo)
"UST removal" means the removal or permanent closure of a PST system by taking
out of service all or part of a PST system.
(ppp) "UST remover" means an individual who
engages in PST tank removal.
(qqq)
"UST tester" means an individual who engages in PST
testing.
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